Converted WP file dec2r

Requests for Oral Presentation
and
Petitions for Appeal

December 2, 1999

1. State of West Virginia v. Jason Parr, No. 992571. Defendant appeals felony conviction of possession with intent to deliver a controlled substance. He was sentenced to 1 to 15 years.

Grant 3-2
[Davis, J., Maynard, J.]

2. James B. Confere v. William Vieweg, Comm'r., No. 992572. Petitioner appeals lower court's dismissal of mandamus action directed to the Worker's Compensation Commissioner.

Refuse 4-1
[McGraw, J.]

3.    Colin Kelley v. Norfolk & Western RR, No. 992623. Defendant appeals jury verdict in a Federal Employer's Liability Act case arising out of injuries sustained as a result of an accident during employment.

Refuse 3-1
[Scott, J.]
[Maynard, J., Disqualified]

4.    State of West Virginia v. Jerry Steen Sapp, Jr., No. 992674. Defendant appeals conviction of first degree murder with recommendation of mercy.

Grant 5-0
5.    Stamatia C. Zelenka v. City of Weirton, No. 992688. This is a petition for the certification of two questions arising out of litigation in a deliberate intent/wrongful death action.

Grant 5-0
6.    Anna Sale v. Kemp Melton, Mayor, No. 992677. Petitioners appeal from the circuit court's order finding that the curfew contained in the Youth Protection Ordinance of the City of Charleston does not violate petitioner's substantive due process rights, their right to free expression nor their freedom from unreasonable search and seizure.

Accept

7. Stephani Barthelemy v. WV Div. Of Corrections, No. 992684. Petitioners appeal from the circuit court's order denying their appeal and upholding the Grievance Board's dismissal of their grievances as not having been timely filed.

Grant 4-1
[Scott, J.]

8.    Sharan Dababnah v. Mousa I. Dababnah, No. 992696. Petitioner husband appeals from the circuit court's order entered May 28, 1999, denying portions of his Motion for Reconsideration filed in this post-divorce proceeding regarding issues of child support, equitable distribution, attorney's fees, disqualification of opposing counsel and disqualification of the circuit court judge.

Grant 4-0
[Merits of Divorce Action Only-Not Issues of Disqualification]
[Davis, J., Disqualified]

9.    Dorothy K. Czaja v. Mark Czaja, No. 992697. Petitioner appeals and seeks the reversal of the circuit court's contempt order arising out of a post- divorce visitation modification action.

Accept

10.    Dorothy K. Czaja v. Mark Czaja, No. 992698. Petitioner mother appeals from the circuit court's denial of her post-divorce petition to modify visitation and her motion to suspend respondent father's unsupervised visitation with the parties' children.

Accept

11. Dorothy K. Czaja v. Mark Czaja, No. 992699. Petitioner appeals from the circuit court's order finding petitioner in contempt and imposing upon petitioner a procedural mechanism to transfer custody of the parties' children to respondent if petitioner continues to deny respondent unsupervised visitation with the children.

Accept
12.    State of West Virginia v. James F. Ainsworth, No. 992707. Defendant appeals from the circuit court's sentencing order and requests that he be awarded a new sentencing hearing.

Refuse 5-0
13.    State of West Virginia v. Elbert R., Juvenile, No. 992731. Defendant appeals the circuit court's order transferring him to the adult jurisdiction of he the court and seeks a reversal of that order.

Refuse 4-1
[Starcher, C.J.]

14.    WV Dept. Of Health/Health v. Robert Lee Gibson, No. 992734. Petitioner appeals from the circuit court's order finding that petitioner was the father of the infant child, assessing current and reimbursement child support against him, as well as birth and paternity blood testing expenses.

Grant 5-0
15.    Justin M. v. Webster County BOE, No. 992752. The petitioners, Justin M. (age 15) and his parents, appeal from a final order entered in the Circuit Court of Webster County affirming a decision of the respondent, The Webster County Board of Education, expelling Justin M. from Webster County High School for 365 days for having a loaded pistol, and additional ammunition, in his possession on school property.

Grant 5-0
16.    New River Junction v. Town of Fayettevile, No. 992753. The petitioners, New River Junction, Inc., and Timothy R. Gardner, appeal from an order entered in the Circuit Court of Fayette County affirming a certificate of annexation pursuant to which certain property, including of the petitioners, in the numbers of qualified voters and freeholders involved in the certification process, rendered the annexation invalid.

Refuse 5-0
17.    Susan Ann Stout v. Vernon L. Stout, No. 992754. The petitioner, Vernon, L. Stout, appeals from an order entered in the Circuit Court of Wood County finding him in contempt for failure to pay child support. The Circuit Court determined arrearage to be $103,513.75. The petitioner contends that the Circuit Court committed error in not recognizing various child support orders entered in the State of Indiana. The petitioner asserts that, pursuant to the Indiana orders, the arrearage would be substantially lower.

Grant 4-1
[Davis, J.]

18. In RE: Extradition v. Andrew Chandler, No. 992755. The petitioner, Andrew Chandler, appeals from an order entered in the Circuit Court of Pocahontas County denying him relief in habeas corpus in a case wherein the petitioner sought to halt his extradition to the State of Ohio for the felony offense of nonpayment of child support.

Grant 4-1
[Maynard, J.]

19. Abraham Doe v. WV Dept. Of Health/Human Resources, No. 992756. The petitioners, Abraham Doe, et al., appeal from an order entered in the Circuit Court of Kanawha County dismissing the respondent prosecutors as defendants from the petitioners' action to recover damages with regard to the abuse and neglect of two children. The petitioners alleged that the prosecutors violated their duty to investigate and pursue various, underlying abuse and neglect proceedings concerning the children. The Circuit Court, however, determined that the prosecutors were entitled to governmental immunity.

Accept

20. State of West Virginia v. Danny L. Blankenship, No. 992757. The petitioner, Danny L. Blankenship, appeals from a jury verdict returned in the Circuit Court of Fayette County finding him guilty of one count of obtaining money by false pretenses, a felony. The offense concerned the asphalt paving of the victim's driveway by the petitioner and others. The petitioner sets forth a number of assignments of error.

Accept
21.    State of West Virginia v. Sammy J. Fragale, No. 992758. The petitioner, Sammy J. Fragale, appeals from a jury verdict returned in the Circuit Court of Fayette County finding him guilty of the offense of delivering cocaine, a felony. The petitioner contends that the Circuit Court committed error in allowing similar act evidence to be admitted at trial, without conducting an in camera hearing as required by Rule 404(b) of the West Virginia Rules of Evidence.

Accept
22.    Charles Santrock v. William Vieweg, Comm'r., No. 992766. The petitioner / claimant, Charles Santrock, appeals from an order entered in the Circuit Court of Kanawha County upholding the constitutionality of certain statutory and regulatory provisions concerning the administrative review of Mr. Santrock's claim for permanent total disability WCC benefits.

Refuse 4-1
[McGraw, J.]

23.    Patricia Ann Street v. Thomas John Riedl, No. 992769. The petitioner, Thomas John Riedl, appeals from an order entered in the Circuit Court of Putnam County holding that the petitioner owes the respondent, Patricia Ann Street, $12,233.01 for child support. In so ruling, the Circuit Court modified an earlier Pennsylvania divorce decree providing for child support. The petitioner contends that, inasmuch as the divorce was in Pennsylvania and that he now resides in South Carolina, the modification proceeding should not have been ruled upon in West Virginia.

Refuse 3-2
[Starcher, C.J., Scott, J.]